博士 / 國立臺灣海洋大學 / 海洋法律研究所 / 98 / Abstract
The chonology of labor history shows that Maritime labor is the earliest to be developed in the 15thand 16th century. Besides, the Industrial Revolution happened in the end of 17th to 18th century. From that time on, the factory rule and the Law of labor on land set. In the 20th century, the aerospace technology follows air and space workers. Then, it would force the law of air labor established. Compare to the law of labor who works on the sea and in the air, the law of land labor set well and the earliest. What factors causes this result ? The labor who works on land creates a greater value and occupies the most population. It should impact economy more and influence the politic.
Further, Compare fishermen and seafarers in the worldwide, fishermen are a relatively small proportion of the working population and therefore have a relatively low work output value. This low work output value results in less emphasis on world maritime labor rights and legislation. Similarly, seafarers account for the vast majority of maritime labor force and therefore have special laws and State Legislation to protect them, while law does not specifically protect other maritime labor workers. In particular, the Government ignored the Fishermen and their right until International Labor Organization adopted C188 Work in Fishing Conventions, 2007. The Conventions and Maritime Labor Laws are now gradually becoming of greater importance to all countries. Our operations in the maritime fishing should be bound by the standards of International Conventions. Therefore, a goal of this article is to show that it’s important for our government to have a strong C186 Maritime Labor Convention to cope with the future and build a respected and significant international political influence in the maritime labor community worldwide.
Finally, to build a strong Labor Law system we have to compare our current laws to international laws such as the “traditional division of labor conventions at sea for seafarers and fishing crew, the Work in Fishing Convention, 2007 on fishing crews working conditions” and reform legislation, and then learn from the world's various maritime powers such as United States, Canada, Australia, Japan and other Asian countries on the conventions of maritime fishermen working conditions, protection legislation and work practices.
| Identifer | oai:union.ndltd.org:TW/098NTOU5273038 |
| Date | January 2010 |
| Creators | Wen-Liang Lee, 李文良 |
| Contributors | Robert Lih-Torng Chen, Ph.D., 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 407 |
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